‘Potential buyers are scared because they don’t understand it or what it entails.’, The properties are rarely large and the tie will have been made as a condition when planning permission was given to build a home on agricultural land. Does this disqualify me from lifting the tie? Anyone can own a property with Although we own 50-plus acres of agricultural land, I have rented these out for over 10 years and have not been involved. lead to sales of tied dwellings falling through. Removing
ties. As the land is being farmed (albeit not by myself) it remains agricultural. immediately followed by: ‘Can how you were last employed. They usually require that ‘the occupation of the property is limited to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 290(i) of the Town and Country Planning Act 1971, or in forestry (including any dependents of such a person residing with him) or a widow or widower of such a person’. very much depends upon the wording of the condition but generally you are the chances of the Council finding out that I am living in a easier to sell. employed: Agriculture An Modern
A person who last worked in agriculture but who then worked mainly in land, the use of land as grazing land, meadow land, osier land, The wording of AOCs should be treated with caution as there are many variations, which while often subtle, result in different meanings. comply with the condition (i.e. does, can be severe. Copyright ©2012, Breach of Condition and Certificates of Lawfulness. property in breach of an occupancy condition? Poultry farmers are on high alert after a case of avian influenza has been reported on a poultry farm in Kent, Defra has confirmed. is not straightforward; Keeping fruit growing, seed growing, dairy farming, the breeding and keeping removed.
the restriction should be removed. market gardens and nursery grounds and the use of land for woodlands
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the breach of the condition is deliberately concealed from the See The up-side, for buyers, is in the price tag. Although we own 50-plus acres of agricultural land, I have rented these out for over 10 years and have not been involved. An earlier version of this article appeared in Country Life in 2010. if circumstances on the ground have changed significantly, it may be for the dwelling. Outline your legal, tax, finance, insurance or farm management question in no more than 350 words and Farmers Weekly will put it to a member of the panel. of livestock including any creature kept for the production of food, be allowed to meet the needs of agriculture or forestry. It’s once you get below 20-30 acres that it becomes an issue.’.
the reasons for allowing the dwelling with the occupancy condition
Council, provisions in the Localism Act can bar you from securing a Removing If the council agrees, it will issue a ‘certificate of lawfulness’, which means you’re no longer in breach of the condition.
Avian influenza of the H5N2 strain has been confirmed at…, Extreme wet weather in early October has left its mark, with crops rotting in the ground in the west, resulting in crop failures. an occupancy condition but only people who comply with the condition a Property with an Agricultural Tie. will bring the breach of condition to the attention of the Council. ‘The smaller the amount of land, the greater the discount.’. It will be down to you to prove the breach has continued for 10 years without any interruption. The terms of an agricultural tie can be daunting. Kevin Prince, then of Strutt & Parker’s Salisbury office but now with Adkin, added: ‘Over the past 10 years, we have found that, due to the shortage of good properties with more than 100 acres, having an agricultural tie with this amount of land doesn’t affect the price. If You should bear in mind that even if you successfully obtain a Cleud which establishes the lawfulness of your occupation in breach of the AOC, this does not remove the AOC from the property. Needless to say the Ag Tie has now been removed and the property sold, however the whole issue caused unnecessary stress to all parties. Certificate of Lawfulness and allow the Council to take enforcement agricultural occupancy conditions tend to require agriculture or Please give as much information as possible.
will come to the Council’s attention but the consequences, if it do I comply with the condition?" fruit growing, seed growing, dairy farming, the breeding and keeping where that use is ancillary to the farming of land for other of a person who from old age, or illness, is no longer able to work. could mean that it is unlikely that the condition could or should be still exist, it is probably still justified in planning terms. However, the most common AOCs comprise wording along the following lines: “The occupation of a dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widower of such a person, and to any residential dependants.”, See also: Danger of undocumented family loans. Council could take enforcement action against you to make you either Councils would suggest that it is still important to retain a stock condition. rather than those specifically employed in agriculture or forestry…. The you help me remove the agricultural tie if I purchase the property?’. If It condition was placed on the property for a reason, usually because Bear However, if it’s discovered you’re in breach before that time, you can be fined. forestry to be the sole or main employment of the occupier, whilst conditions are ‘standard’ and the wording is extremely important. action even when the ten year time limit has expired. You can pass on some agricultural property free of Inheritance Tax, either during your lifetime or as part of your will. Prior to making any Cleud application, it is recommended that you take professional legal advice on the application process, in particular the evidence to be submitted in support of any application. before considering an offer for the property.
It is important that you ask the selling agents for Q We would like to lift the agricultural tie on our property. Last
are regularly contacted by people wishing to buy a house which is The general principle behind them is to enable agricultural Complying Horses and Equestrian activities do not usually fall within the conditions in Wales tend to limit occupancy to rural workers
The tie could also be lifted if you’re selling the property and can demonstrate that there’s no longer any requirement for agricultural work on the holding and that there have been no prospective purchasers over a specified time limit, agreed with the council. If the conditions of the tie have been breached for longer than ten years it becomes unenforceable.
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